HomeMy WebLinkAbout2003-311
RESOLUTION NO. 2003-311
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF BONDS
BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY FOR THE PROPOSED NEW INLAND BEHAVIORAL AND
HEALTH SERVICES, INC. MEDICAL FACILITY
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WHEREAS, Inland Behavioral and Health Services, Inc., a California nonprofit public
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benefit corporation (the "Corporation"), has requested that the California Statewide
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Communities Development Authority (the "Authority") participate in the issuance of one or
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more series ofrevenue bonds in an aggregate principal amount not to exceed $4,270,000 (the
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"Bonds") to (a) finance the acquisition of two adjacent parcels at 655 North "D" Street and
379 7th Street, in San Bernardino, California, (b) construct thereon of an approximately 28,000
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square-foot building and (c) construct improvement to, and equip, the building for primarily
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comprehensive medical care services, which excludes homeless and substance abuse services
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(the "Project") and
WHEREAS, pursuant to section 147(1) of the Internal Revenue Code of 1986 (the
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"Code"), the issuance of the Bonds by the Authority must be approved by the City because the
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Project is located within the territorial limits of the City; and
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WHEREAS, the Common Council (the "City Council") is the elected legislative body
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of the City and is one of the applicable elected representatives required to approve the
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issuance of the bonds as a member of the Authority under Section 147(1) of the Code; the
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Bonds will be issued by the Authority and the City will have no obligations with respect
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thereto; and
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WHEREAS, the Authority has requested that the City Council approve the issuance of
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the Bonds by the Authority in order to satisfy the public approval requirement of Section
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14791) of the Code and the requirements of Section 9 of the Amended and Restated Joint
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2003-311
Exercise of Powers Agreement, dated as of September I, 1988 (the "Agreement"), among
2 certain local agencies, including the City; and
3 WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private
4 activity bonds are required to be approved by the "applicable elected representative" of the
5 governmental units on whose behalf such bonds are expected to be issued and by a
6 governmental unit having jurisdiction over the entire area in which any facility financed by
7 such bonds is to be located, after a public hearing held following reasonable public notice;
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9 WHEREAS, there has been published, at least 14 days prior to the date hereof, in the
10 Sun newspaper of general circulation within the City, a notice that a public hearing regarding
11 the Bonds would be held on November 17, 2003; and
12 WHEREAS, such public hearing was conducted on November 17, 2003 by the Mayor
13 and City Council, at which time an opportunity was provided to interested parties to present
14 arguments both for and against the issuance of the Bonds; and
15 WHEREAS, it is intended that this Resolution shall constitute the approval of the
16 issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement;
17 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
18 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
19 BERNARDINO, AS FOLLOWS:
20 Section I. The City Council hereby approves the issuance of the Bonds by the
21 Authority. It is the purpose and intent of the City Council that this Resolution constitutes
22 approval of the Bonds for the purposes of (a) Section 147(f) of the Code by the applicable
23 elected representative of the governrnental unit having jurisdiction over the area in which the
24 Project is located, in accordance with said Section 147(f), and (b) Section 9 of the Agreement.
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Section 2.
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The officers of the City are hereby authorized and directed, jointly and
2 severally, to do any and all things and to execute and deliver any and all documents that they
3 deem necessary or advisable in order to carry out, give effect to and comply with the terms
4 and intent of this Resolution and the financing approved hereby.
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Section 3.
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The City Clerk of the City shall forward a certified copy of this
Resolution and a copy ofthe affidavit of publication of the hearing notice to:
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Section 4.
Brian Quint
Quint & Thimmig, LLP
One Embarcadero Center, Suite 2420
San Francisco, CA 94111-3737
This Resolution shall take effect upon its adoption and execution in the
manner as required by the City Charter.
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2003-311
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF BONDS
BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY FOR THE PROPOSED NEW INLAND BEHAVIORAL AND
HEALTH SERVICES, INC. MEDICAL FACILITY
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
it. reg,
meeting thereof, held on the
17th day of November ,2003, by the following vote to wit:
r::L.~ 1.. /J h. C~
~h~~~ City Clerk
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The foregoing resolution is hereby approved this Z-- Daay of November ,2003.
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Wendy i;[{Carnrnack, Mayor Pro Tern
City of San Bernardino
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Council Members:
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
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Approved
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By:
sl-.Mnrr. City Attorn
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Ayes Nays
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Abstain
Absent
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