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99-236RESOLUTION NO. 99R-236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS FOR A MULTIFAMILY HOUSING PROJECT AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Anaheim Housing Authority (the "Authority") is authorized to issue and has expressed its intent to issue bonds (the "Bonds") to finance the acquisition and rehabilitation of a 64-unit multifamily housing project known as "Cobblestone Apartments" to be owned by KDF Cobblestone II, L.P.; 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(f) 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 of the governmental unit having jurisdiction over the area in which the project is located; and WHEREAS, the Authority is made up of members who have been appointed but not elected to their positions as Commissioners 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 newspaper of general circulation in the City, at least two weeks prior to this meeting, to the effect that a public hearing would be held by this City Council on December 7, 1999, regarding the issuance of the Bonds by the Authority and the nature and location of the project; and WHEREAS, this City Council has conducted a public hearing on this date, at which time an opportunity was provided to the public to present arguments both for and against the issuance of the Bonds and the nature and location of the project; DOC SOC\677211 v 1 L22620.0014 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: 1. The above recitals, and each of them, are true and correct. 2. Pursuant to Section 147(f) 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(f). 3. This Resolution shall take effect immediately upon its adoption. 2 DOCSOC\677211 v 1 X22620.0014 PASSED, APPROVED AND ADOPTED, this 7th day of December, 1999. CITY OF ANAHEIM By: Mayo/r~/~~ APPROVED AS TO FORM: STRADLING YOCCA CARLSON & RAUTH, as Bond Counsel By: /<',,~ ~. Z' ~ 3 DOCSOC\677211 v 1 X22620.0014 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. 99R-236 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of December 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 236 on the 7th day of December, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of December, 1999. (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-236 was duly passed and adopted by the City Council of the City of Anaheim on December 7th, 1999. CITY CLERK OF TH%ANAHEIM