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CC Resolution 11632µ. , RESOLUTION NO..- il6sz RESOLUTION -OF THE- CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA ' MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION AND IMPROVEMENT OF CERTAIN FACILITIES FOR THE BENEFIT OF SHARMON PALMS LANE ASSOCIATES, L.P. OR BY A LIMITED PARTNERSHIP OFt A LIMITED LIABILITY COMPANY TO BE ESTABLISHED BY MIDPEN HOUSING CORPORATION OR AN AFFILATE WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California -(the "Act"), certain public agencies (the "Members") .have entered into a Joint Exercise of Powers Agreement Relating to the .California Municipal Finance.Authority, dated as of January 1, 2004 (the''Agreemerit") in order to form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, th"e City of Campbell, California (the "City"), is a member of the Authority; and ~ : . WHEREAS„ the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of `financing or refinancing the construction of capital projects; and WHEREAS, Sharmon Palms Lane Associates, L.P.,~ or a limited partnership or limited liability company to be .formed by MidPen Housing. Corporation or an affiliate thereof (the "Borrower") has° requested that the Authority issue and sell revenue bonds in the m2"Sciinum prihcipal amount of $11,000,000 (the "Bohds") for the purpose of making a loan to the Borrower, to enable the Borrower to ,finance or refihance the costs of the acquisition, rehabilitation and improvement of 60 units of multifamily rental housing located at 739, 751, 775, 844,.858, 870, 886, 898, 910,.949, 952, 961, 964, 975 and 989 Sharmon-Palms Lahe, Campbell, California-(the "Project"); and WHEREAS; in .order for the. interest on the Bonds to be tax-exempt, Section 147(f) of the Internal. Revenue Code of 1986, as amended (the "Code"), requires that an "applicable elected representative" of the governmental unit, the geographic jurisdiction of which contains the site df facilities to be financed with the proceeds of the Bonds, hold a public hearing oh.the issuance of the Bonds and approve the issuance of the 6'onds following such hearing; and WHEREAS, the Authority has determined that the City Council is an "applicable elected, representative" for purposes of holding such hearing; and WHEREAS, the Authority,.has requested that the City Council approve the issuance of the Bonds by the:Authority in order to satisfy ,.the public approval requirement of Sectioh 147(f) of "the Code arid the requirements of Section 4 of the Agreemeht; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City_ Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing :of the Project and the Authority's issuance of the Bonds - . therefor; and. WHEREAS, it is in the public interest and for the public benefit that the City Council approve- the issuance of the Bonds by the Authority for the aforesaid purposes; NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS: , Section 1.The foregoing recitals are ttue,ahcl correct. Section 2.The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of .the City Council that this resolution constitute, approval of the issuance of the Bonds (a) 6y the "applidable elected representative" of the governmental unit having jurisdiction over the-area in which the Project is located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement. Sectioh 3.The issuance of the Bonds shall be subject to the approval of the Authority of all financing .documents relating thereto to which the Authority is a party. 'The Citysliall have no responsibility or liability whatsoever with respect to the Bonds: Section 4.The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, rehabilitate or improve the Project or any refinancing of the Project; (ii) approve any application or request for or take any,. other action jn connection with any. planning approval, permit or other action necessary for the acquisition, rehabilitation, improvement or operation of the Project; (iii) make ahy contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section.S.The Mayor, ttie City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and diredted to execute such other agreemerits, .documents ;and certificates, and to perform such dther. acts ahd deeds, as'may be: necessary or convenieht to effect the purposes of this Resolution and the transactions herein authorized. 2, ,: Section:6.The City_Cle~k~shallforward a.certified copy of this Resolution to the Authority in care of its counsel:., Ronald=E. Lee, Esq. Jones Wall 650 California Street, 18`h Floor San Francisco, CA 94T08 Section 7.This resolution shall'take effect immediately upon its passage: - _ , : ,. ADOPTED by the `City Council of the City of Campbell at a ~egular.meeting ' of the City Council held on the 7th day of Jariuary, 2014, 6y the following vote: AYES: .. Councilmembers: :Baker,'.LOw., Kotowski, Cristina, Waterman NOES:' Councilmembers:. none - _ AB$TAINi Couacilmembers: .None ABSENT: Councilmembers: .None APPROVED: ., Richard M. Waterman, Mayor. ATTE ~/~ Anne Bybee, City Clerk '