Loading...
RES-2010-027RESOLUTION NO. 2010 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ISSUANCE BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED $3,200,000 AGGREGATE PRINCIPAL AMOUNT OF THE AUTHORITY'S REVENUE OBLIGATIONS FOR THE PURPOSE OF FINANCING THE COST OF ACQUISITION, REHABILITATION, REEQUIPPING AND FURNISHING OF FACILITIES FOR THE BENEFIT OF ORANGE COUNTY ARC, PROVIDING THE TERMS AND CONDITIONS FOR SUCH OBLIGATIONS AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED. WHEREAS, Orange County ARC, a nonprofit public benefit corporation duly organized and existing under the laws of the State of California (the "Corporation "), has submitted and the California Enterprise Development Authority (the "Authority") has accepted, an application requesting the Authority to issue, from time to time, pursuant to a plan of finance, its tax- exempt and/or taxable revenue obligations in an aggregate principal amount not to exceed $3,200,000 (the "Obligations ") for the benefit of the Corporation pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State, (commencing with Section 6500) (the "Act") the proceeds of which will be used in part to (a) refinance the cost of the real property and improvements located at 225 West Carl Karcher Way, Anaheim, California 92801 (the "Facilities "); (b) fund the cost of any credit enhancement costs with respect to the refinancing; and (c) pay certain costs of issuance in connection with the refinancing; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, the Facilities are located within the territorial limits of City of Anaheim (the "City") and the City Council of the City of Anaheim (the "City Council ") is the elected legislative body of the City; and WHEREAS, the Facilities provide significant benefits to the residents of the City through the services provided by the Corporation and the Facilities will also create employment opportunities for residents of the City; and WHEREAS, the Authority and the Corporation have requested that the City Council approve the issuance of the Obligations by the Authority and the financing of the Facilities with the proceeds of the Obligations pursuant to Section 147(f) of the Code; and WHEREAS, the Authority's issuance of the Obligations will result in a more economical and efficient issuance process because of the Authority's expertise in the issuance of conduit revenue bonds; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose; and WHEREAS, a public hearing was held by the City Council on this 16th day of February, 2010, at the meeting which commenced at the hour of 5:00 p.m., at the City of Anaheim, Council Chambers, located at 200 South Anaheim Boulevard, Anaheim, California 92805, following duly published notice thereof in a newspaper of general circulation in the City of Anaheim, on January 28, 2010 and re- advertised on February 2, 2010, and all persons desiring to be heard have been heard. NOW, THEREFORE, the City Council of the City of Anaheim hereby Finds, Determines and Resolves as follows: SECTION 1 The City Council hereby finds and determines that all of the recitals are true and correct. The City Council hereby approves the issuance of the Obligations by the Authority, which Obligations may be tax- exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $3,200,000 to refinance the cost of the Facilities. This resolution shall constitute "host" approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that any fees received by the Authority from the issuance of the Obligations shall not be expended for political activities and that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purpose. The City shall not bear any responsibility for the tax- exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations. SECTION 2 All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the Obligations and otherwise to effectuate the purposes of this Resolution. F) SECTION 3 This Resolution shall take effect upon its approval and adoption by the City Council. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of February , 2010, by the following roll -call vote: AYES Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: 1JC NE ABSENT: NONE CITY OF A HEIM By: 2P A MAYOR OF THE CIT OF ANAHEIM ATTEST: P YCLERK �OFTHE CITY OF ANAHEIM 75666v1