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RES-1989-348RESOLUTION NO. 89R~348 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ANAHEIM HOUSING AUTHORITY FOR PROJECT TO BE DEVELOPED BY BROOKHOLLOW APARTMENTS (ANAHEIM) ASSOCIATES WHEREAS, the Anaheim Housing Authority (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, and in particular Section 34312.3 of said code (the "Law"), to issue and sell its revenue bonds for the purpose of providing financing for the acquisition of land and the construction and development thereon of multifamily rental housing facilities located within the area of operation of the Authority; and WHEREAS, Brookhollow Apartments (Anaheim) Associates, a California Limited Partnership (the "Developer"), has requested the Authority to issue its multifamily housing revenue bonds (the "Bonds") under the Law for the purpose of financing the acquisition of land and construction thereon of an approximately 228-unit multifamily rental housing development, to be located within the City of Anaheim (the "Project"); and WHEREAS, the Bonds will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representatives" with respect to the Authority hold a public hearing on the issuance of the Bonds; and WHEREAS, the Authority has determined that the City Council of the City of Anaheim is the "applicable elected representative" to hold said public hearing; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the location and financing of the Project and the Authority's issuance of the Bonds therefor; and WHEREAS, the California Debt Limit Allocation Committee of the State of California has granted, or is expected to grant, a portion of the private activity bond allocation of the State of California to the City in the amount of $24,500,000 (the "Allocation"), for use in connection with the issuance of revenue bonds for the financing of the Project and the City now desires to assign the Allocation to the Authority for use in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, as follows: 1. The City Council of the City of Anaheim hereby finds and determines that the foregoing recitals are true and correct. 2. The City Council of the City of Anaheim hereby approves the issuance of the Bonds by the Authority under the Law for the purpose of providing funds to finance the acquisition, construction and development of the Project by the Developer. 3. The issuance of the Bonds shall be subject to approval by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority to the underwriter thereof. 4. The Allocation is hereby assigned to the Authority for use in connection with the issuance of the Bonds for the Project. 5. This resolution shall take effect immediately. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day August 1989 of , 1989. ' · MAYOR OF THE ~ OF ANAHEIM PRO TEM ATTEST: CITY CLERK OF THE CITY OF ANAH~-M AB-Resl CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-348 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of August, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 89R-348 on the 9th day of August, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of August, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-348 duly passed and adopted by the Anaheim City Council on August 8, 1989. CITY CLERK OF THE CITY OF ANAHEIM