2001-119RESOLUTION NO. 2001R-119
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING THE
ISSUANCE OF TAX-EXEMPT OBLIGATIONS
TO BE ISSUED BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY FOR THE BENEFIT OF
ANAHEIM MEMORIAL MEDICAL CENTER,
INC.
WHEREAS, the California Statewide Communities
Development Authority (the "Authority') is authorized pursuant to
the provisions of California Government Code Section 6500 et seq.
(the ~Act") and the terms of an Amended and Restated Joint
Exercise of Powers Agreement, dated as of June 1, 1988 (the
"Agreement"), among certain local agencies throughout the State
of California, including the City of Anaheim (the "City'), to
issue revenue bonds in accordance with the Act; and
WHEREAS, Anaheim Memorial Medical Center, Inc., a
nonprofit public benefit corporation (the "Borrower") has
requested that the Authority issue tax-exempt obligations in an
aggregate principal amount not to exceed $5,500,000 (the
"Obligations") for the purpose of providing financing for the
acquisition of certain energy-efficient heating, cooling and air
equipment and improvements for its medical facility located at
1111 W. La Palma Avenue, Anaheim, California (the "Project"); and
WHEREAS, the Obligations will be "private activity
bonds" for purposes of the Internal Revenue Code of 1986 (the
"Code" ; and
WHEREAS, pursuant to Section 147(f) of the Code, prior
to their issuance, private activity bonds and obligations are
required to be approved by the ~applicable elected
representative" of the governmental units on whose behalf such
bonds are expected to be issued and by a governmental unit having
jurisdiction over the entire area in which any facility financed
by such bonds is to be located, after a public hearing held
following reasonable public notice; and
WHEREAS, the members of this City Council (this
"Council") are the applicable elected representatives of the
City; and
WHEREAS, there has been published, at least 14 days
prior to the date hereof, in a newspaper of general circulation
within the City, a notice that a public hearing regarding the
Obligations would be held on the date hereof; and
WHEREAS, such public hearing was conducted on said date
by the City Council, at which time an opportunity was provided to
interested parties to present arguments both for and against the
issuance of the Obligations; and
WHEREAS, it is intended that this resolution shall
constitute the approval of the issuance of the Obligations
required by Section 147(f) of the Code and Section 9 of the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ANAHEIM FOLLOWS:
Section 1.
The above recitals are true and correct.
Section 2.
The Council hereby approves the issuance of the
Obligations by the Authority. It is the purpose and intent of
the Council that this resolution constitute approval of the
Obligations 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 project is located
and on whose behalf such Bonds are expected to be issued, and (b)
Section 9 of the Agreement.
Section 3.
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 that 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 approved hereby.
Section 4.
The City Clerk of the City shall forward a certified
copy of this Resolution and a copy of the affidavit of
publication of the hearing notice to:
Ana Marie del Rio, Esq.
Orrick, Herrington & Sutcliffe LLP
Old Federal Reserve Bank Building
400 Sansome Street
San Francisco, CA 94111
Section 5.
This resolution shall take effect immediately upon its
passage.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of May ,
2001.
ATTEST:
C~Y CL~K OF THE CITY OF ANAHEIM
39851.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-119 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 8th day of May, 2001, by the following vote of the members
thereof:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
Cl THE CITY OF ANAHEIM
(SEAL)