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1985-500RESOLUTION N0. 85R-500 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING INSTALLMENT SALE FINANCING FOR PROJECT TO BE DEVELOPED BY WEST ANAHEIM CONVALESCENT HOME WHEREAS, the City of Anaheim, California (the "City") is authorized to acquire and dispose of real and personal property for the common benefit and in furtherance of its municipal affairs and. public purposes; and WHEREAS, West Anaheim Convalescent Home, a California general partnership (the "Developer") has requested the City to undertake installment sale financing for the purpose of providing certain real and personal property to be known as the West Anaheim Convalescent Home and to consist of a 138-bed convalescent home to be located at 641 Beach Boulevard in the City of Anaheim (the "Project"), and this Council is desirous of approving the financing in order to assure the provision. of adequate and economical convalescent care facilities to the residents of the City; and. WHEREAS, the city intends to enter into a Second Installment Sale Agreement Relating to West Anaheim Convalescent Facilities (the "Second Installment Sale Agreement) with the Developer pursuant to which it will sell the Project to the Developer, and a First Installment Sale Agreement Relating to West Anaheim Convalescent Facilities (the "First Installment Sale Agreement") with the Developer pursuant to which the City wi 11 acquire the Project from the Developer, and to cause to be delivered Certificates of Participation (the "Certificates") evidencing proportionate interests of the owners thereof in installment payments to be made by the City pursuant to the First Installment Sale Agreement; and WHEREAS, the Certificates will be considered to be "industrial development bonds" under Section 103(b) of the Internal Revenue Code of 1954, as amended (the "Code"), and Section 103(k) of the Code requires that the "applicable elected representative" with respect to the City hold a public hearing on the sale and delivery of the Certificates; and WHEREAS, the City has determined that the City Council of the City is the "applicable elected representative" to hold said public hearing; and - 1 - 0472N WHEREAS, notice of said public hearing has been duly given as required by the Code, and the City Council of the City 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, the acquisition and sale by the City of the Project and the sale and delivery of the Certificates; and WHEREAS, the City Council of the City as the "applicable elected representative" of the City, approves of the financing of the Project pursuant to the First Installment Sale Agreement and the Second Installment Sale Agreement as in the public interests of the City. 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 sale and delivery of the Certificates for the purpose of providing funds to finance the acquisition, construction and development of the Project by the Developer. 3. The acquisition constituting the Project by the Second Installment Sale the City to the Developer Sa]e Agreement are hereby a the City of Anaheim. of the the City Agreement pursuant pp roved as land and facilities from the Developer under and the sale thereof by to the First Installment in the best interests of 4. This resolution shall take effect imr~iediately. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of December, 1985..._ Mayor of the City of na eim ATTEST:. /~~ City Clerk of t e City o Ana eim - 2 - 0472N 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. 85R-500 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of December, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-500 on the 3rd day of December, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of December, 1985. i~~~ 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. 85R-500 duly passed and adopted by the Anaheim City Council on December 3, 1985. CITY CLERK '""*~,