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CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Billings, Montana (the "City"), hereby certify that the attached ¡esolution is a true copy of a resolution entitled: "RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED WASTEWATER SYSTEM PROJECTS: ESTABLISHING COMPLIANCE V/ITH REMBURSEMENT BOND REGULATIONS LINDER THE INTERNAL REVENUE CODE" (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council at a regular meeting on December 8, 2008, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such rneeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the foltowing Council Members voted in favor thereof: Ronquillo. Gaehen. Pitman. Veis. Ruesamer. McCall. Ulledalen- Astle. Clark ; voted against the same: Brewster. WITNESS my hand officially this 8'r'day of December, 2008. City Clerk ---PAGE BREAK--- RESOLUTION NO. 08-1 8773 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED WASTEWATER SYSTEM PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Billings, Montana (the "City"), as follows: Section 1. Recitals. 1.0i The United States Department of Treasury has promulgated final regulations goveming the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payrnent of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) after the later of the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the "small issuer" exception from the arbitrage rebate requirerrent) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. l.O2 The City desires to comply with requirements of the Reguiations with iespect to certain pro¡ects hereinaft er identifìed. Section 2. Official Intent Declaration. Z.0l The City proposes to undertake certain projects, which projects and the estimated costs thereof are generally described on Exhibit A hereto, which is hereby incorporated herein and made a part hereof (the "Projects"). 2.02 Othe¡ than expenditures to be paid or reimbursed frot¡ sources other than the Bonds (as hereinafter defined), (ii) expendifures permitted to be reimbursed under the transitional provisioll contained in Section 1.150-2(JX2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(ÐQ) of the Regulations, or (iv) expenditures in a "de minimus" at¡ount (as defined in Sectiõn 1.150-2(Ð(1) of the Regulations), no expenditures for the Projects have heretofore been paid by the City and no expenditures wiil be paid by the City until after the date of this Resolution. 2.03 The City reasonably expects to reimburse some or all of the expenditures made for costs of the Projects out of the proceeds of debt in an estimated maximum aggregate principal amount of $ 1 I ,300'000 (the .,Bonds") after the date of payment of all or a portion of the costs of the Projects. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1 . I 50-2(dX3) of the Regulations. Section 3 . Budqetar)¡ Matters. As of the date liereof, there are no City funds reserved, aliocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or othérwise set aside) to provide permanent financing for the expenditures related to the Projects, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is ãetermined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. Section 4. Reimbursement Allocations. The Director of Adminishative Services shali be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to máke prior payment of the costs of the Projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Projects and shall specifically identify the actual original expenditure being reimbursed. Ê! Adopted this 8th day of December, 2008. ---PAGE BREAK--- CITY OF BILLINGS Attest: 0u,*7nna^Ð Cari Martin, City Clerk ---PAGE BREAK--- EXHiBIT A Description of Project Estimated Cost Design, engineer and construci new wastewater treatment plant disinfection system, install new wastewater lines, and related improvements. $ I 1 ,300,000