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2001-119RESOLUTION NO. 2001R-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ANAHEIM MEMORIAL MEDICAL CENTER, INC. WHEREAS, the California Statewide Communities Development Authority (the "Authority') is authorized pursuant to the provisions of California Government Code Section 6500 et seq. (the ~Act") and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Anaheim (the "City'), to issue revenue bonds in accordance with the Act; and WHEREAS, Anaheim Memorial Medical Center, Inc., a nonprofit public benefit corporation (the "Borrower") has requested that the Authority issue tax-exempt obligations in an aggregate principal amount not to exceed $5,500,000 (the "Obligations") for the purpose of providing financing for the acquisition of certain energy-efficient heating, cooling and air equipment and improvements for its medical facility located at 1111 W. La Palma Avenue, Anaheim, California (the "Project"); and WHEREAS, the Obligations will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code" ; and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds and obligations are required to be approved by the ~applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Obligations would be held on the date hereof; and WHEREAS, such public hearing was conducted on said date by the City Council, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Obligations; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Obligations required by Section 147(f) of the Code and Section 9 of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The Council hereby approves the issuance of the Obligations by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Obligations for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the project is located and on whose behalf such Bonds are expected to be issued, and (b) Section 9 of the Agreement. Section 3. 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 that 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 approved hereby. Section 4. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Ana Marie del Rio, Esq. Orrick, Herrington & Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, CA 94111 Section 5. This resolution shall take effect immediately upon its passage. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of May , 2001. ATTEST: C~Y CL~K OF THE CITY OF ANAHEIM 39851.1 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-119 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of May, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None Cl THE CITY OF ANAHEIM (SEAL)