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RES-2008-167RESOLUTION NO. 2008 167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY VARIABLE RATE DEMAND REVENUE BONDS (GOODWILL INDUSTRIES OF ORANGE COUNTY, CALIFORNIA), SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Goodwill Industries of Orange County, California, a nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Borrower has requested that the California Municipal Finance Authority (the "Authority participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $8,000,000 (the "Bonds for (a) the acquisition, construction, improvement and equipping of a 28,502 square foot industrial property located at 1601 East St. Andrew Place, Santa Ana, California to accommodate a fitness center to serve persons with disabilities, facilities to train disabled persons in the use of assistive technology, facilities for document destruction to be operated by Landmark Services, Inc. "Landmark and/or for other purposes of Borrower, collectively accounting for no more than $7,250,000 of proceeds of the Bonds, (b) certain leasehold improvements, fixtures, and equipment at the Borrower's retail store facility located at 3021 West Lincoln Avenue, Anaheim, California, accounting for no more than $710,000 of proceeds of the Bonds, and (c) certain building improvements at the Borrower's administrative offices located at 410 North Fairview Street, Santa Ana, California, accounting for no more than $100,000 of the Bonds, (collectively the "Project to be owned and operated by the Borrower and a portion of which will be 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 a portion of the Project is to be located within the territorial limits of the City; and 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; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(0 of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (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. 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 governmental unit having jurisdiction over a portion of the area in which the Project is to be located, in accordance with said Section 147(0 and (b) Section 4 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 30th day of September, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST' 4 I,L I s CITY LERK OF THE CITY OF ANAHEIM 70401.1 CITY AHEIM By M YOR OF THE CITY ANAHEIM