2023-12-01 Jail Reimbursement PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION#2023-12-01
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH
PROCEEDS OF A BORROWING
VIRGINIA: The following Resolution was presented and adopted at the Board of
Supervisors of Pittsylvania County, Virginia's ("Board"), Business Meeting on December 19,
2023:
WHEREAS, the County of Pittsylvania, Virginia ("County"), intends to acquire,
construct, equip and develop capital improvements for a new jail facility ("Project"); and
WHEREAS,plans for the Project have advanced,and the County expects to advance funds
to pay expenditures related to the Project ("Expenditures")prior to incurring indebtedness and to
receive reimbursement for such Expenditures from proceeds of tax-exempt obligations or taxable
obligations, or both.
NOW THEREFORE,BE IT OFFICIALLY RESOLVED BY THE BOARD:
1. The County intends to utilize the proceeds of tax-exempt obligations or taxable obligations
("Obligations") in an amount not currently expected to exceed $55,403,461 to pay or reimburse
the costs of the Project.
2. The County intends that the proceeds of the Obligations be used to reimburse the County
for Expenditures made with respect to the Project on or after the date that is no more than 60 days
prior to the date of this Resolution. As of the date hereof, the County reasonably expects that it
will reimburse the Expenditures with the proceeds of the Obligations.
3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either(a) of
a type properly chargeable to a capital account under general federal income tax principles
(determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to
the Obligations, (c)a nonrecurring item that is not customarily payable from current revenues, or
(d)a grant to a party that is not related to or an agent of the County so long as such grant does not
impose any obligation or condition(directly or indirectly)to repay any amount to or for the benefit
of the County.
4. The County intends to make a reimbursement allocation, which is a written allocation by
the County that evidences the County's use of proceeds of the Obligations to reimburse an
Expenditure, no later than 18 months after the later of(a) the date on which the Expenditure is
paid or (b) the Project is placed in service or abandoned, but in no event more than three years
after the date on which the Expenditure is paid; provided, however, that such timing limitations
are subject to the applicability of(x) Treasury Regulations Section 1.150-2(d)(2)(ii) related to
expenditures by "small issuers" (based on the year of issuance and not the year of expenditure),
and (y) Treasury Regulations Section 1.150-(d)(2)(iii) related to expenditures for "long-term"
construction projects requiring at least five years to complete.
5. The County recognizes that the limitations set forth in the foregoing paragraphs 2 and 4 do
not apply to:
(a) "preliminary expenditures" (as such term is used in Treasury Regulations Section
1.150-2(0(2))up to an amount not in excess of 20%of the aggregate issue price of the Obligations
that finance or are reasonably expected to finance the Project for which the preliminary
expenditures were incurred;
(b) costs of issuance of any Obligations; and
(c) "de minimis" amounts (which shall not in the aggregate exceed the lesser of
$100,000 or 5%of the proceeds of the Obligations).
6. The County intends that the adoption of this Resolution confirms the "official intent"
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal
Revenue Code of 1986, as amended.
This Resolution shall take effect immediately upon its passage.
Given under my hand and adopted this 19th ay of December, 2023.
ell Dalto , Chairma
Pittsylvania County Board of Supervisors
AT`
Stuart J. Turilre, Clerk - p
Pittsylvania County Board of Supervisors '`r '�` r =
VOTE
Darrell Dalton, Chairman Yes
Tim W. Dudley, Vice-Chairman Yes
Ronald S. Scearce Yes
Nancy K. Eanes Yes
William V. ("Vic") Ingram Yes
Ronald S. Scearce Yes
Robert("Bob") W. Warren Yes
Ayes 7 Nays 0 Abstentions 0