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2001-068RESOLUTION NO. 2001R-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUAaNCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS FOR A MULTIFAMILY HOUSING PROJECT AND CERTAIN OTHER ACTIONS IN CONNECTION' THEREWITH WHEREAS, the Anaheim Housing AuthoriD- (the "AuthoritY") is authorized to issue and has expressed its intent to issue bonds (the "Bonds") to finance the acquisition and rehabilitation of a 65-unit multifarnily housing project known as "Wc, stchester Apartments" to be owned by BDP- Westchester, LLC, a California limited liabiliW company; and WHEREAS, at least 20 percent of the units in the project will be for occupancy by persons of very low income; 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 o.~'the governmental unit having jurisdiction over the area in which the project is iocated; and WHEREAS, the Authority is made up ofme~nbers who have been appointed but not elected to their positions as 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 nexvspaper ofgenerai circulation in the Ci~', at least txvo weeks pr/or to this meeting, to the effect that a public hear/ng would be held by tt:is City Council on March 20, 200~:, regarding the issuance of the Bonds by the Aathority and the nature and location of the project; and WHEREAS, this CiD~ Council has conducted a public heating on this date, at which time a.~ oppo~mc, ity was provided to the public to present ~rguments both for and agmnst the issuance of the Bonds and the nature and location o~' the project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, ORDER .*~ND DETERMINE AS FOLLOWS: 1. The above recitals, and each of them, are true and correct. [: DC, CS, .x. DM.~-.' R E SO LUT¥,B.rlR 1208 BDOC 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, and for no other purpose. 3. The City Council hereby delegates to the Anaheim Housing Authority Board the power to conduct any future public hearings required under Section 147(0 for the project. 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, this 20th day of March, 2001. CITY OF ANAHEIM ATTEST: By: ,.~ff~ City Clerk APPROVED AS TO FORM: STRADLING YOCCA CARLSON & RAUTH, as Bond Counsel DOCSOC\806011 v1~29999.0000 2 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-68 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of March, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: McCracken cI'r~CLERK~)F THE CITY OF ANAHEIM (SEAL)