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2001-161RESOLUTION NO. 2001R-161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS FOR A MULTIFAMILY SENIOR HOUSING PROJECT AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Anaheim Housing Authority (the "Authority") is authorized to issue and has expressed its intent to issue bonds (the "Bonds") in the principal amount not to exceed $8.2 million to finance the development and construction of a 132-unit multifamily senior housing project known as "Solara Court Apartments" (the "Project") to be located at 3335 West Lincoln and to be owned by West Lincoln Housing Partners, Limited Partnership, a Delaware limited partnership; and WHEREAS, at least 40 percent of the units in the Project ~vill be for occupancy by persons and families whose household income does not exceed 60 percent of the median household income as determined by the United States Department of Housing and Urban Development for the County of Orange, California; and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), prior to their issuance, the Bonds are required to be approved, following a public hearing, by an elected representative of the issuer of the Bonds and an elected representative of the governmental unit having jurisdiction over the area in which the Project is located; and WHEREAS, the Authority is made up of members who have been appointed but not elected to their positions as members of the governing board of the Authority, and the City of Anaheim (the "City") is the next higher governmental unit with an applicable elected representative from which the Authority derives its authority; and WHEREAS, the Project is located wholly within the geographic jurisdiction of the City; and WHEREAS, this City Council is the elected legislative body of the City; and WHEREAS, the City has caused a notice to be published in a newspaper of general circulation in the City, at least two weeks prior to this meeting, to the effect that a public hearing would be held by this City Council on June 19, 2001, regarding the issuance of the Bonds by the Authority and the nature and location of the Project; and WHEREAS, this City Council has conducted a public hearing on this date, at which time an opportunity was provided to the public to present arguments both for and against the issuance of the Bonds and the nature and location of the Project. DOCSOC\791875v2\226200016 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: 1. The above recitals, and each of them, are tree and correct. 2. Pursuant to Section 147(0 of the Code, this City Council hereby approves the issuance of the Bonds by the Authority to provide financing for the Project. It is the purpose and intent of this City Council that this resolution constitute approval of the issuance of the Bonds by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, all in accordance with Section 147(0. 3. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, this 19th day of June, 2001. CITY OF ANAHEIM APPROVED AS TO FORM: STRADLING YOCCA CARLSON & RAUTH, as Bond Counsel By: DOCSOC\791875,,'2\22620.0016 2 I hereby certif~v that the foregoing Resolution was duly and regularly adopted by the City of Anaheim at a meeting thereof held on the 19th day of June, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ~r~Cl~k ~ the City of ~-naheim / DOC$OC\791875v2\22620 0010 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-161 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None //~7";. "CITY~/cLERK OF THE CITY OF ,~NAHEIM (SEAL)