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RES-2009-075RESOLUTION NO. 2009 -075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A TAX EXEMPT BOND FINANCING TO BE ISSUED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT KAISER PERMANENTE. WHEREAS. Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Kaiser Health Plan Asset Management, Inc., Kaiser Hospital Asset Management, Inc., each a nonprofit public benefit corporation (collectively, "Kaiser'), have requested that the California Statewide Communities Development Authority (the "Authority issue bonds in one or more series in an aggregate principal amount not to exceed $2,200,000,000 (the "Bonds for the purpose oi among other things, financing and refinancing the cost of acquisition, construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects (the "Financing) of certain health, parking and other support facilities owned or operated by Kaiser Foundation Hospitals or one of its affiliates. including the facility known as Anaheim Medical Office Building (the "Facilities located in the City of Anaheim (the "City and WHEREAS. pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located within the territorial limits of the City: and WHEREAS. the City Council of the City (the "Council is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS. the Authority has requested that the Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following nonce duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW. THEREFORE. BE IT RESOLVED, by the City Council of the City of Anaheim as follows: SECTION 1. The Council hereby approves the issuance of the Bonds by the Authority, provided that any fees received from the subject financing by the League of California Cities "LOCC and California State Association of Counties "CSAC that are attributable to financing the Facilities located in the City will be deposited into the LOCC and CSAC members 1 dues accounts and will not he expended for political activities. It is the purpose and intent of the Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Facilities are to be located, in accordance with said Section 147(ft and (b) Section 9 of the Agreement. SECTION 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out. give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. SECTION 3. This Resolution shall take effect immediately upon its adoption. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of April 2009, by the following roll call vote: A Y ES: Ma Pringle, Council Members Hernandez, Sidhu, Kring NOES: NONE ABSENT: Council Member Galloway ABSTAIN: NONE ATTEST: ,f CITY ,LERK OF THE CITY OF ANAHEIM 7 261 /smarm CITY OF HEIM By: MAYOR OF THE ITY OF ANAHEIM