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RES-2012-027 RESOLUTION NO. 2012 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ISSUANCE OF THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (KAISER PERMANENTE), SERIES 2012 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, EQUIPPING, RENOVATION, REHABILITATION, REMODELING AND OTHER CAPITAL PROJECTS OF CERTAIN HEALTH FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Kaiser Health Plan Asset Management, Inc., and Kaiser Hospital Asset Management, Inc., each a California nonprofit public benefit corporation (collectively, "Kaiser "), have requested that the California Statewide Communities Development Authority (the "Authority ") participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $2,000,000,000 (the "Bonds ") for the purpose of, among other things, financing or refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects of certain health facilities (the "Facilities ") owned or operated by Kaiser Foundation Hospitals or its affiliates (the "Project ") and located in the City of Anaheim (the "City "); WHEREAS, pursuant to Section 147(0 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; WHEREAS, the City Council of the City (the "City 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(0 of the Code; WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority for the purposes of financing or refinancing the Project in order to satisfy the public approval requirement of Section 147(0 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(0 of the Code, the City Council has, following notice 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 City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing or refinancing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(0 of the Code by the applicable elected representative of the issuer of the Bonds and the governmental unit having jurisdiction over the area in which the Facilities are located, in accordance with said Section 147(0 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of March , 2012 by the following roll call vote. AYES: Mayor Tait, Council Members Galloway, Sidhu, Eastman and Murray NOES: None ABSTAIN: None ABSENT: None CIT i N • EIM MAY R OF THE CITY OF ANAHEIM ATTEST^ Il '.. ( 1,# CITY CLERK OF THE CITY OF A AHEIM 88567 3