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HomeMy WebLinkAbout2000-185 RESOLUTION NO. 2000-185 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF MULTI-UNIT MORTGAGE REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PIONEER PARK PLAZA SENIOR HOUSING COMPLEX LOCATED AT 560 NORTH "F" STREET, SAN BERNARDINO (THE "PROJECT") 3 4 5 6 7 WHEREAS, the California Statewide Communities Development Authority (the 8 "Authority") is authorized pursuant to the provisions of California Govemment Code 9 Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers 10 Agreement, dated as of June I, 1988 (the "Agreement"), among certain local agencies throughout II the State of California, including the City of San Bernardino (the "City"), to issue revenue bonds 12 in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code 13 for the purpose of financing multi-unit senior rental housing projects; and 14 WHEREAS, A. F. Evans Development Inc. (collectively, with any related entity, the 15 "Borrower") has requested that the Authority issue multi-unit housing revenues bonds in an 16 aggregate principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of providing 17 financing for the acquisition and rehabilitation of a 161-unit multi-unit senior rental housing 18 project located at 560 North "F" Street, San Bernardino, California and generally known as 19 Pioneer Park Plaza Apartments; and 20 WHEREAS, the Bonds will be "private activity bonds" for purposes of the Internal 21 Revenue Code of 1986 (the "Code"); and 22 WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private 23 activity bonds are required to be approved by the "applicable elected representative" of the 24 govemmental units on whose behalf such bonds are expected to be issued and by a govemmental 25 unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and -1- 06/19/00 Pioneer Park 2000-185 WHEREAS, there has been published, at least 14 days prior to the date hereof, in a 2 newspaper of general circulation within the City, a notice that a public hearing regarding the 3 Bonds would be held on the date hereof; and 4 WHEREAS, such public hearing was conducted on said date by the Common Council, at 5 which time an opportunity was provided to interested parties to present arguments both for and 6 against the issuance of the Bonds; and 7 WHEREAS, the members of this Common Council (this "Council") are the applicable 8 elected representatives of the City; and 9 WHEREAS, it is intended that this resolution shall constitute the approval of the issuance 10 of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; 11 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE 12 CITY OF SAN BERNARDINO AS FOLLOWS: 13 Section 1. The above recitals are true and correct. 14 Section 2. The Council hereby approves the issuance of the Bonds by the Authority. 15 It is the purpose and intent of the Council that this resolution constitutes approval of the Bonds for 16 the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the 17 govemmental unit having jurisdiction over the area in which the project is located, in accordance 18 with said Section l47(f), and (b) Section 9 of the Agreement. 19 Section 3. The officers of the City and the Executive Director of the Agency are 20 hereby authorized and directed, jointly and severally, to do any and all things and to execute and 21 deliver any and all documents that they deem necessary or advisable in order to carry out, give 22 effect to and comply with the terms and intent of this resolution and the financing approved 23 hereby. 24 Section 4. The City Clerk of the City shall forward a certified copy of this Resolution 25 and a copy of the affidavit of publication of the hearing notice to: -2- 06/19/00 Pioneer Park 2000-185 2 3 4 Section 5. 5 1111 6 1111 7 1111 8 1111 9 10 1111 11 1111 12 1111 13 1111 14 1111 15 1111 16 1;11 17 III; 18 1111 19 1111 20 1111 21 1111 22 23 1111 24 1111 25 1111 Ana Marie del Rio, Esq. Orrick, Herrington & Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, California 94111 This resolution shall take effect immediately upon its passage. -3- 06/19/00 Pioneer Park 2000-185 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE ISSUANCE OF MULTI-UNIT MORTGAGE REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PIONEER PARK PLAZA SENIOR HOUSING COMPLEX LOCATED AT 560 NORTH "F" STREET, SAN BERNARDINO (THE "PROJECT") 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a Joint Regulafneeting thereof, held on 8 the 19th , 2000, by the following vote to wit: day of June 9 Council Members: Absent 10 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK Aves Navs x x X X X --L. X - Abstain 11 12 13 14 15 16 17 ~h,~ Rac G. Clark, City Clerk 18 19 ~4~ The foregoing resolution is hereby approved this :25 day of ,2000. 20 21 /' (r) ./: ~ ./' ) . --a 22 Esther Estrada Mayor Pro Tern 23 Approved as to form and Legal Content: 24 James F. Penman City Attorney 25 By: -4- 06/19/00 Pioneer Park