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RES-2008-216RESOLUTION NO. 2008 -216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PURSUANT TO SECTION 147(1) OF THE INTERNAL REVENUE CODE OF 1986 AUTHORIZING AND APPROVING THE ISSUANCE OF BONDS BY THE ANAHEIM HOUSING AUTHORITY FOR THE LINCOLN ANAHEIM PHASE B PROJECT WHEREAS, the Anaheim Housing Authority (the "Authority intends to issue not to exceed $25,000,000 aggregate principal amount of multifamily housing revenue bonds (the "Bonds to finance the acquisition and development of a 74 -unit multifamily rental housing development known generally as "Lincoln Anaheim Phase B," located at 1275 -1287 East Lincoln Avenue in the City of Anaheim "City described in the notice of public hearing attached as Exhibit A hereto (the "Project and WHEREAS, the Project is the second phase of a 146 -unit multifamily rental housing development to be constructed and operated as one consolidated housing development; and WHEREAS, in order for interest on the Bonds to be tax exempt, Section 147(0 of the Internal Revenue Code of 1986 requires that the Bonds be approved by the City Council as the applicable elected representatives after a public hearing following reasonable public notice; and WHEREAS, notice of a public hearing with respect to the proposed issuance of the Bonds was published in a newspaper of general circulation in the City on December 1, 2008; and WHEREAS, the public hearing was held on December 16, 2008, and an opportunity was provided for interested persons to express their views on the issuance of the Bonds and on the nature and location of the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City does not warrant the creditworthiness of the Bonds or guarantee, in any way, the payment of the Bonds. No moneys of the City will be pledged or applied to the repayment of the Bonds. Section 2. This City Council, as the applicable elected representatives under Section 147(0 of the Code, approves the issuance of the Bonds by the Authority. F. \DOCS\ADMIN\STAFFREP\ASS8CO2B Attachment to Related TEFRA StaffReport.DOC THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS SIXTEENTH (16TH) DAY OF DECEMBER, 2008, BY THE FOLLOWING ROLL -CALL VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY CLERK APPROVED AS TO FORM: STRADLING YOCCA CARLSON RAUTH, as Bond Counsel By: APPROVED AS TO FORM: JACK L. ,.ice ITY ATTORNEY JOHN OODHEAD, IV Assista t ity Attorney F. DOCSlADMINSTAFFREP'WSS8CO2R Attachment to Related TEFRA Staff Report.DOC e 4644#4" MAYOR THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS SIXTEENTH (16TH) DAY OF DECEMBER, 2008, BY THE FOLLOWING ROLL -CALL VOTE: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NoNE ATTEST: CITY CLERK APPROVED AS TO FORM: STRADLING YOCCA CARLSON RAUTH, as Bond Counsel Bv: APPR I ED AS TO FO JACK L. TE, CITY AT i RNEY Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring F:\DOCS ADMIN\STAFFREP\ASS8CO2B Attachment to Related TEFRA StaffReport.DOC did.4 MAYOR EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Anaheim on Tuesday, December 16, 2008, at the hour of 5:00 p.m. at City Council Chambers, 200 South Anaheim Boulevard, Anaheim, California 92802, will hold a public hearing in accordance with Section 147(0 of the Internal Revenue Code of 1986 with respect to the proposed issuance by the Anaheim Housing Authority of its multifamily housing revenue bonds in an aggregate principal amount not to exceed $25,000,000, in order to finance the acquisition and development of the multifamily rental housing project described below: Name: Location: Number of Units: Maximum Bond Amount: The owner or operator of the Project will be Lincoln Anaheim II Housing Partners, L.P., a California limited partnership (the "Owner A total of 74 units in the project are to be income and rent restricted with 49 units to be occupied by very low income tenants at affordable rents, 24 units to be occupied by low- income tenants at affordable rents, and one unit to be occupied by an on -site property manager. Notice is further given that at said hearing, all interested parties will have an opportunity to be heard on the question of whether or not such multifamily housing revenue bonds should be issued. If you have any questions regarding the public hearing, please contact Abby Semblantes, Project Manager, Anaheim Housing Authority, (714) 765 -4467. Dated: December 1, 2008 Lincoln Anaheim Phase B 1275 -1287 E. Lincoln Avenue, Anaheim, CA 74 $25,000,000 THE CITY COUNCIL OF THE CITY OF ANAHEIM Name: Location: Number of Units: Maximum Bond Amount: Dated: December 1, 2008 EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Anaheim on Tuesday, December 16, 2008, at the hour of 5:00 p.m. at City Council Chambers, 200 South Anaheim Boulevard, Anaheim, California 92802, will hold a public hearing in accordance with Section 147(0 of the Internal Revenue Code of 1986 with respect to the proposed issuance by the Anaheim Housing Authority of its multifamily housing revenue bonds in an aggregate principal amount not to exceed $25,000,000, in order to finance the acquisition and development of the multifamily rental housing project described below: Lincoln Anaheim Phase B 1275 -1287 E. Lincoln Avenue, Anaheim, CA 74 $25,000,000 The owner or operator of the Project will be Lincoln Anaheim II Housing Partners, L.P., a California limited partnership (the "Owner A total of 74 units in the project are to be income and rent restricted with 49 units to be occupied by very low income tenants at affordable rents, 24 units to be occupied by low- income tenants at affordable rents, and one unit to be occupied by an on -site property manager. Notice is further given that at said hearing, all interested parties will have an opportunity to be heard on the question of whether or not such multifamily housing revenue bonds should be issued. If you have any questions regarding the public hearing, please contact Abby Semblantes, Project Manager, Anaheim Housing Authority, (714) 765 -4467. THE CITY COUNCIL OF THE CITY OF ANAHEIM